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Using real places in a videogame? Legal?

Discussion in 'General Discussion' started by bpears, Jun 12, 2013.

  1. bpears

    bpears

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    So, I've read the story of how a canadian dev team got sued for a map they created of a metro. But apparently that isnt technically a public place. Is it ok to model things like buildings and what not and put them into a game, as in the outside, not the inside? I've also seen several landmarks and such used in various games.

    Here is a link to the story:

    http://www.escapistmagazine.com/new...sit-Threatens-Lawsuit-Over-Counter-Strike-Map
     
  2. SpaceMammoth

    SpaceMammoth

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  3. SevenBits

    SevenBits

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    I guess it really depends on how willing the owners of the place are to your potentially good/bad portrayal of their location.
     
  4. bpears

    bpears

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    Both cases in the videogames favor. And those were exploited from the inside - I would think it to be private. Games like GTA have used landmarks like Brooklyn Bridge, and all spiderman games have timesquare, though idk if they replicated it loosely or closely.
     
  5. CoriW

    CoriW

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    For some reason this reminds me of the game "Prototype", it literally made it's entire map based on actual images of Manhattan, so if that's not copyright infringement then I really don't think that it should be a legal issue.
     
  6. bpears

    bpears

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    Never looked into that game, but thanks for that post, because I'm convinced now, it is fine.
     
    Last edited: Jun 6, 2018
  7. goat

    goat

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    They can't do anything about you using the exteriors, names, and addresses, but if it's private property they can very well prosecute using the interiors, even if it's a private property open to tours of the public.

    That alone is not going to make for good game play. You'd really only need or want to use real cityscapes in certain genres of games where it makes sense.

    About the only cityscape that would help the sale of a game would be Manhattan island.
     
  8. Games-Foundry

    Games-Foundry

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    The same rules apply for photographs of well known buildings. If the building is the primary focus of the 'shot', then you must seek the permission of the building owner should you wish to exploit it commercially, since the design of the building represents intellectual property and is considered much the same as reproducing a piece of art. If however that building is in context of say a skyline and is not the primary focus of the shot, then permission is not usually required.

    Local laws may vary, but this is generally a good rule of thumb. Buildings built with public funding are often exempt from needing permission, such as government buildings.

    As ever, it's best to research and clarify rather than making assumptions.
     
    Last edited: Jun 13, 2013
  9. bpears

    bpears

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    Thanks for the replys everyone. :)
     
  10. hippocoder

    hippocoder

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    It's legal to use locations but not specific buildings. Specific buildings often need permissions much as actors do. So you can set your game in the city of manchester, but you may not have legal rights to use the building. The reason for this is because it's possible to portray the building as being unsafe, ie an explosion, or do it injustice, therefore buildings now require much the same permission as anything else does.
     
  11. SevenBits

    SevenBits

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    Certainly true. Everyone these days is at risk from ye olde litigation hammer. The curse of the creative.
     
  12. UnknownProfile

    UnknownProfile

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    Not sure about other countries, but US law permits use of any real building, but everything modeled has to be viewable from a public area (the exterior, but no interior without permission). Any artwork or branding on said building may not be used commercially, however.
     
  13. bpears

    bpears

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    Well sir, you've just saved my ass. At least, I was getting worried there. Thanks, this is the way I intended to do so.
     
  14. Crazy Robot

    Crazy Robot

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    No buddy better use a map of DC, because I live near there and one of those tiny boxes on your map may, in some way, look like my house, and I'll sue the crap of of you!! ;)
     
  15. bpears

    bpears

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    lol no worries there, I've targeted a different location
     
  16. angrypenguin

    angrypenguin

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    Something else to perhaps be conscious of is potential slander/libel cases. As in, don't let the use of real places potentially be seen as pointing fingers at people. Though I guess that's precisely why a lot of games/books/movies have "this is fictional and any similarities to real people are just a coincidence" disclaimers in their fine print.

    As far as I understand, as long as something is public and you're not infringing on trademarks or similar, you're at least ok to make a pretty close likeness of a place.
     
  17. bpears

    bpears

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    I don't intend to. But thats good to know for future reference, thanks.
     
  18. Wild-Factor

    Wild-Factor

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    In France you can take a picture of the eiffel tower during the day, but forbidden during the night for commercial use, because the light of the eiffel tower is copyrighted...
    My hypothesis: The design of a building is copyrighted like anything, but I think, if it's old enough the right fall into the public domain (in France).
     
  19. Gigiwoo

    Gigiwoo

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    Good find Rab. Thanks for posting that! Here's the quote from the text:

    Gigi
     
    MorpheusXI likes this.
  20. UnknownProfile

    UnknownProfile

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    No problem. I had a similar problem a while back and did a fair bit of research then, so I'm happy to save anybody else the trouble.